Maternity rights
A pregnant employee has the right to ordinary maternity leave and additional maternity leave. At the end of her ordinary maternity leave, she is entitled to return to her original job. At the end of her additional leave, she should still be able to return to her original job, but if this is not reasonably practicable, to a suitable alternative job. During maternity leave, she may work and be paid as usual for up to 10 'Keeping in Touch days'.
 Should I be allowed to take time off to go to antenatal classes?All pregnant employees are entitled to time off with pay to keep appointments for antenatal care made on the advice of a registered medical practitioner, midwife or health visitor. Antenatal care may include relaxation classes and parent-craft classes. Except for the first appointment, you must show your employer, if requested, a certificate from a registered medical practitioner, midwife or health visitor, confirming the pregnancy together with an appointment card or some other document showing that an appointment has been made.What is Statutory Maternity Pay?
You are entitled to Statutory Maternity Pay (SMP) if you have been employed by your employer for a continuous period of at least 26 weeks ending with the 15th week before the expected week of childbirth, and have average weekly earnings at least equal to the lower earnings limit for National Insurance contributions. SMP can be paid for up to 39 weeks; it is payable by the employer but partly (or, for small firms, wholly) reimbursed by the state.
From April 2009 the standard rate of SMP is £123.06 a week (or 90 per cent of your average weekly earnings if this is less than £123.06 a week). For the first six weeks the rate is 90 per cent of average weekly earnings with no maximum limit. The standard rate of SMP is reviewed every April.
What is Maternity Allowance?If you do not qualify for Statutory Maternity Pay you may be entitled to Maternity Allowance (MA), paid by the Benefits Agency, for up to 39 weeks. To qualify, you must have been employed or self-employed for 26 weeks out of the 66 weeks before the expected week of childbirth and have average weekly earnings of at least £30.
Who qualifies for maternity leave?
To qualify for maternity leave, you must tell your employer by the end of the 15th week before the expected week of childbirth:
- that you are pregnant
- the expected week of childbirth, by means of a medical certificate if requested
- the date you intend to start maternity leave. This can normally be any date which is no earlier than the beginning of the 11th week before the expected week of childbirth up to the birth.
Your employer must then write to you within 28 days of her notification, setting out your return date. You can change this date if you give your employer 'eight weeks' notice.
What rights do I have while on maternity leave?
During the 26 weeks' ordinary maternity leave (plus optional 26 weeks additional maternity leave), you are entitled to benefit from all your normal terms and conditions of employment, except for remuneration (monetary wages or salary). You can also do up to 10 days' work during your maternity leave without losing any Statutory Maternity Pay. Your employer should agree payment with you for the time worked.
At the end of maternity leave, you have the right to return to your original job. If a redundancy situation arises, you must be offered a suitable alternative vacancy if one is available. If your employer cannot offer suitable alternative work, you may be entitled to redundancy pay.
What is additional maternity leave?All women are entitled to an additional 26 weeks' maternity leave. During this period their contract of employment continues but with limited terms and conditions. This means you can be away from your job on maternity leave for around 52 weeks in total.
When your employer writes to you setting out your return date they will assume that you will be taking additional maternity leave. If you wish to return to work early you must give your employer eight weeks' notice.
What rights do I have once my additional maternity leave is over?At the end of additional maternity leave you are entitled to return to your original job or, if this is not reasonably practicable, to a suitable alternative job. If your employer cannot offer suitable alternative work, you may be entitled to redundancy pay.
What is maternity suspension?Employers must take account of health and safety risks to new and expectant mothers when assessing risks in work activity. If the risk cannot be avoided, the employer must take steps to remove the risk or offer suitable alternative work (with no less favourable terms and conditions); if no suitable alternative work is available, the employer must suspend the mother on full pay for as long as necessary to protect her health and safety or that of her baby.
For further information see the guidance at the Department for Business, Enterprise and Regulatory Reform (BERR) website. (opens in a new window)
Must I give my pregnant employees time off to attend antenatal classes?All pregnant employees are entitled to time off with pay to keep appointments for antenatal care made on the advice of a registered medical practitioner, midwife or health visitor. Antenatal care may include relaxation classes and parent-craft classes. Except for the first appointment, the employee must show you, if you request, a certificate from a registered medical practitioner, midwife or health visitor, confirming the pregnancy together with an appointment card or some other document showing that an appointment has been made.
What is Statutory Maternity Pay?
A woman is entitled to Statutory Maternity Pay (SMP) if you have employed her for a continuous period of at least 26 weeks ending with the 15th week before the expected week of childbirth, and she has average weekly earnings at least equal to the lower earnings limit for National Insurance contributions. SMP can be paid for up to 39 weeks; you must pay it but it is partly (or, for small firms, wholly) reimbursed by the state.
From April 2009 the standard rate of SMP is £123.06 a week (or 90 per cent of the woman's average weekly earnings if this is less than £123.06 a week). For the first six weeks the rate is 90 per cent of average weekly earnings with no maximum limit. The standard rate of SMP is reviewed every April.
What is Maternity Allowance?
Women who do not qualify for Statutory Maternity Pay may be entitled to Maternity Allowance (MA), paid by the Benefits Agency, for up to 39 weeks. To qualify, they must have been employed or self-employed for 26 weeks out of the 66 weeks before the expected week of childbirth and have average weekly earnings of at least £30.
Who qualifies for maternity leave?To qualify for maternity leave, your employee must tell you by the end of the 15th week before the expected week of childbirth:
- that she is pregnant
- the expected week of childbirth, by means of a medical certificate if requested
- the date she intends to start maternity leave. This can normally be any date which is no earlier than the beginning of the 11th week before the expected week of childbirth up to the birth.
You must then write to her, within 28 days of her notification, setting out her return date. She can change this date if she gives you 'eight weeks' notice.
To qualify for maternity leave, a woman must tell her employer by the end of the 15th week before the expected week of childbirth:
What rights does my employee have while on maternity leave?
During the 26 weeks ' ordinary maternity leave (plus 26 weeks additional maternity leave), she is entitled to benefit from all her normal terms and conditions of employment, except for remuneration (monetary wages or salary). She can do up to 10 days' work during her maternity leave without losing any Statutory Maternity Pay. You and she should agree on payment for the time worked.
At the end of maternity leave, she has the right to return to her original job. If a redundancy situation arises, you must offer her a suitable alternative vacancy if one is available. If you cannot offer suitable alternative work, she may be entitled to redundancy pay.
For further advice and guidance please call the Acas Helpline – 08457 47 47 47
What is additional maternity leave?All women are entitled to an additional 26 weeks' maternity leave. During this period their contract of employment continues but with limited terms and conditions. This means a woman can be away from her job on maternity leave for around 52 weeks in total.
When you write to her setting out her return date you should assume that she is taking additional maternity leave. If she wishes to return to work early she must give you eight weeks' notice.
What rights does my employee have once her additional maternity leave is over?At the end of additional maternity leave a woman is entitled to return to her original job or, if this is not reasonably practicable, to a suitable alternative job. If you cannot offer her suitable alternative work, she may be entitled to redundancy pay.
What is maternity suspension?You must take account of health and safety risks to new and expectant mothers when assessing risks in work activity. If the risk cannot be avoided, you must take steps to remove the risk or offer suitable alternative work (with no less favourable terms and conditions); if no suitable alternative work is available, you must suspend the mother on full pay for as long as necessary to protect her health and safety or that of her baby.
For further information see the guidance at the Department for Business, Enterprise and Regulatory Reform (BERR) website. (opens in a new window)
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